I hereby give notice that an ordinary meeting of the Strategic Procurement Committee will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Wednesday, 13
December 2017
9.30am
Room 1, Level
26
135 Albert Street
Auckland
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Strategic Procurement Committee
OPEN AGENDA
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MEMBERSHIP
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Chairperson
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Deputy Mayor Bill Cashmore
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Deputy Chairperson
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Cr Ross Clow
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Members
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Cr Dr Cathy Casey
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Cr Linda Cooper, JP
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Cr Alf Filipaina
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Cr Penny Hulse
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Cr Daniel Newman, JP
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Cr Greg Sayers
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Ex-officio
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Mayor Hon Phil Goff, CNZM, JP
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(Quorum 5 members)
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Sonja Tomovska
Governance Advisor
8 December 2017
Contact Telephone: 890 8022
Email: sonja.tomovska@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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Responsibilities
The committee is established to assist the chief executive
to undertake the management procedure of ensuring sound procurement processes
are followed in relation to procurement of goods and services necessary to
deliver on the work programme and operations outlined in the council’s
adopted Annual plan.
It will ensure that reasonable purchasing procedures have
been followed in awarding contracts and will provide an efficient mechanism for
documenting the approvals for those contracts.
Within a framework where contracts are an operational matter
delegated to the chief executive, this committee will consider all contracts
beyond the chief executive’s financial delegations. The chief
executive may refer contracts within his financial delegations which are
sensitive or may impact on the reputation of the council.
The chief executive has power to award contracts up to $20
million alone and the power to award contracts up to $22.5 million jointly with
the mayor and Finance and Performance Committee chair.
The committee will have responsibility for:
· awarding of contracts of $22.5 million or greater
· awarding of contracts less than $22.5 million which are sensitive or
may impact on the reputation of the council if the chief executive refers the
matter to the committee
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oversight over the procurement processes and
procedures.
From time to time the committee may advise the chief
executive and council on changes to the procurement and contracts probity procedures.
Powers
All powers necessary to perform the committee’s
responsibilities.
Except:
(a) powers that
the Governing Body cannot delegate or has retained to itself (section 2)
(b) where the committee’s
responsibility is limited to making a recommendation only
(c) the
power to establish sub-committees
Exclusion of the public – who
needs to leave the meeting
Members of the public
All members of the public must leave the
meeting when the public are excluded unless a resolution is passed permitting a
person to remain because their knowledge will assist the meeting.
Those who are not members of the public
General principles
·
Access to confidential information is managed on a “need to
know” basis where access to the information is required in order for a
person to perform their role.
·
Those who are not members of the meeting (see list below) must
leave unless it is necessary for them to remain and hear the debate in order to
perform their role.
·
Those who need to be present for one confidential item can remain
only for that item and must leave the room for any other confidential items.
·
In any case of doubt, the ruling of the chairperson is final.
Members of the meeting
·
The members of the meeting remain (all Governing Body members if
the meeting is a Governing Body meeting; all members of the committee if the
meeting is a committee meeting).
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However, standing orders require that a councillor who has a
pecuniary conflict of interest leave the room.
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All councillors have the right to attend any meeting of a
committee and councillors who are not members of a committee may remain,
subject to any limitations in standing orders.
Independent Māori Statutory Board
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Members of the Independent Māori
Statutory Board who are appointed members of the committee remain.
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Independent Māori Statutory Board
members and staff remain if this is necessary in order for them to perform
their role.
Staff
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All staff supporting the meeting (administrative, senior
management) remain.
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Other staff who need to because of their role may remain.
Local Board members
·
Local Board members who need to hear the matter being discussed
in order to perform their role may remain. This will usually be if the
matter affects, or is relevant to, a particular Local Board area.
Council Controlled Organisations
·
Representatives of a Council Controlled Organisation can remain
only if required to for discussion of a matter relevant to the Council Controlled
Organisation.
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Strategic
Procurement Committee
13 December
2017
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ITEM TABLE
OF CONTENTS PAGE
1 Apologies 7
2 Declaration of
Interest 7
3 Confirmation
of Minutes 7
4 Petitions 7
5 Public Input 7
6 Local Board
Input 7
7 Extraordinary
Business 7
8 Notices of
Motion 8
9 Auckland
Council Group Sustainable Procurement Framework 9
10 Information Report - 13
December 2017 25
11 Consideration of
Extraordinary Items
PUBLIC EXCLUDED
12 Procedural
Motion to Exclude the Public 33
C1 Supplier Recommendation Report
for Group Procurement sourced electricity supply contracts 33
C2 External Legal Services Supplier
Recomendation 33
C3 Procurement of Graffiti Eradication
and Enforcement Services Contracts 34
C4 Downtown infrastructure
development programme 34
C5 Building Consents Regional
Overflow Delivery Model - recommendation and planned procurement approach 34
C6 Update on Capital Projects over
$5million 35
At the close of
the agenda no apologies had been received.
2 Declaration
of Interest
Members are
reminded of the need to be vigilant to stand aside from decision making when a
conflict arises between their role as a member and any private or other
external interest they might have.
3 Confirmation
of Minutes
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That the Strategic Procurement Committee:
a)
confirm the ordinary minutes of its meeting,
held on Wednesday, 11 October 2017, including the
confidential section, as a true and correct record.
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4 Petitions
At the close of
the agenda no requests to present petitions had been received.
5 Public Input
Standing Order
7.7 provides for Public Input. Applications to speak must be made to the
Governance Advisor, in writing, no later than one (1) clear working day
prior to the meeting and must include the subject matter. The meeting
Chairperson has the discretion to decline any application that does not meet
the requirements of Standing Orders. A maximum of thirty (30) minutes
is allocated to the period for public input with five (5) minutes
speaking time for each speaker.
At the close of
the agenda no requests for public input had been received.
6 Local Board Input
Standing Order
6.2 provides for Local Board Input. The Chairperson (or nominee of that
Chairperson) is entitled to speak for up to five (5) minutes during this
time. The Chairperson of the Local Board (or nominee of that Chairperson)
shall wherever practical, give one (1) day’s notice of their wish
to speak. The meeting Chairperson has the discretion to decline any
application that does not meet the requirements of Standing Orders.
This right is
in addition to the right under Standing Order 6.1 to speak to matters on the
agenda.
At the close of
the agenda no requests for local board input had been received.
7 Extraordinary Business
Section 46A(7)
of the Local Government Official Information and Meetings Act 1987 (as amended)
states:
“An item
that is not on the agenda for a meeting may be dealt with at that meeting if-
(a) The local
authority by resolution so decides; and
(b) The presiding member
explains at the meeting, at a time when it is open to the public,-
(i) The
reason why the item is not on the agenda; and
(ii) The reason why the
discussion of the item cannot be delayed until a subsequent meeting.”
Section 46A(7A)
of the Local Government Official Information and Meetings Act 1987 (as amended)
states:
“Where an
item is not on the agenda for a meeting,-
(a) That item may be discussed
at that meeting if-
(i) That item is a minor
matter relating to the general business of the local authority; and
(ii) the presiding member
explains at the beginning of the meeting, at a time when it is open to the
public, that the item will be discussed at the meeting; but
(b) no resolution, decision or
recommendation may be made in respect of that item except to refer that item to
a subsequent meeting of the local authority for further discussion.”
8 Notices of Motion
There were no
notices of motion.
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Strategic
Procurement Committee
13 December
2017
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Auckland
Council Group Sustainable Procurement Framework
File No.: CP2017/26305
Purpose
1. To
endorse the attached Auckland Council Group Sustainable Procurement Framework.
Executive
summary
2. The
Auckland Council Group (ACG) Sustainable Procurement Framework (attachment A)
will be adopted by Auckland Council and all Council Controlled Organisations
(CCOs).
3. Members
from Auckland Council, Auckland Transport and Watercare created the Sustainable
Procurement Working Group. This working group was convened in September 2017 to
ensure strategic alignment, following on from the approval of the Group
Procurement Policy by the Finance and Performance Committee on 19 September
2017.
4. The
Sustainable Procurement Framework is a living document and will be
progressively developed to stay ahead of procurement transformations and market
changes.
5. Each
of the four well-beings (economic, environmental, social and cultural) value Te
Ao Māori and identify specific Māori outcomes.
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Recommendation/s
That the Strategic Procurement
Committee:
a) endorse
the use of the Sustainable Procurement Framework in Auckland Council to give
effect to principle 5.3 of the Auckland Council Group Procurement Policy.
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Comments
Background
6. Auckland
Council realised the benefit of developing a Smart Procurement Framework (known
now as Sustainable Procurement Framework) in 2015. Over the past two years,
research and engagement with key stakeholders across the ACG has been carried
out.
7. The
ACG Sustainable Procurement Framework aligns with principle 5.3 ‘Be
Sustainable’ of the Group Procurement Policy (see Attachment B). The
Group Procurement Policy was approved by the Finance and Performance Committee
on 19 September 2017.
8. Together,
Auckland Council, Auckland Transport and Watercare procurement teams now have a
Sustainable Procurement Centre of Excellence Working Group. This will ensure a
consistent approach to sustainable procurement activities across the ACG.
9. In
order to align with national and international terminology, the term
“Smart Procurement” has been revisited and Group Procurement will
now use “Sustainable Procurement” in all material; however,
outcomes remain the same.
Current
progress
10. The
draft Sustainable Procurement Framework was approved by the Group Procurement
Lead Team on 30 November 2017 and endorsed by the Group Procurement Steering
Committee on 5 December 2017.
Consideration
Local
board views and implications
11. Local Boards
will directly benefit from the delivery of social, cultural, environmental and
economic outcomes as outlined in the framework. The input required from Local
Boards to help deliver on the identified well beings may require more in depth
consultation and engagement.
Māori
impact statement
12. Sustainable
Procurement has the ability to make a material difference for positive Māori outcomes. Māori outcomes are specifically
identified in the framework and align with the requirements of the Auckland
Plan.
Implementation
13. The attached
framework is a living document and will be progressively developed over the
remainder of FY18 as framework tasks and activities are completed.
14. Subject to
the Strategic Procurement Committee endorsing the attached framework, the
Sustainable Procurement Working Group will develop additional content to
supplement the framework, for example:
· A
training plan to improve capability and understanding of Sustainable
Procurement
· A
communications strategy
· Specific
sustainable procurement tools
· Supplier
engagement plan.
Attachments
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No.
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Title
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Page
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a⇩ 
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Auckland Council Group Sustainable Procurement
Framework
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11
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b⇩
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Auckland Council Group Procurement Policy
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19
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Signatories
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Author
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Josie Robinson - Procurement Communications and
Support Advisor
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Authoriser
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Jazz Singh - General Manager Procurement
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Strategic
Procurement Committee
13 December
2017
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Strategic
Procurement Committee
13 December
2017
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Strategic
Procurement Committee
13 December
2017
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Information Report - 13 December 2017
File No.: CP2017/26628
Purpose
1. To
note progress on the forward work programme (Attachment A).
Executive
summary
2. This
is regular information-only report which aims to provide public visibility of
information circulated to committee members via memo or other means, where no
decisions are required.
3. Note that, unlike an agenda decision report, staff
will not be present to answer questions about these items referred to in this summary.
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Recommendation/s
That the Strategic Procurement
Committee:
a) receive
the information report – 13 December 2017.
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Attachments
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No.
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Title
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Page
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a⇩
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Forward work programme - 13 December 2017
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27
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Signatories
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Author
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Sonja Tomovska - Governance Advisor
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Authoriser
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Jazz Singh - General Manager Procurement
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Strategic
Procurement Committee
13 December
2017
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Strategic
Procurement Committee
13 December
2017
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Strategic Procurement
Committee
13 December
2017
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Strategic
Procurement Committee
13 December
2017
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Strategic
Procurement Committee
13 December
2017
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Strategic
Procurement Committee
13 December
2017
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Exclusion of the Public: Local Government Official
Information and Meetings Act 1987
That the Strategic Procurement Committee:
a) exclude
the public from the following part(s) of the proceedings of this meeting.
The general
subject of each matter to be considered while the public is excluded, the
reason for passing this resolution in relation to each matter, and the specific
grounds under section 48(1) of the Local Government Official Information and
Meetings Act 1987 for the passing of this resolution follows.
This resolution
is made in reliance on section 48(1)(a) of the Local Government Official
Information and Meetings Act 1987 and the particular interest or interests
protected by section 6 or section 7 of that Act which would be prejudiced by
the holding of the whole or relevant part of the proceedings of the meeting in
public, as follows:
C1 Supplier
Recommendation Report for Group Procurement sourced electricity supply
contracts
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Reason for
passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists under
section 7.
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s7(2)(b)(i) -
The withholding of the information is necessary to protect information where
the making available of the information would disclose a trade secret.
s7(2)(h) -
The withholding of the information is necessary to enable the local authority
to carry out, without prejudice or disadvantage, commercial activities.
In
particular, this report contains information about council's strategy for
procuring Auckland's electricity supply. If released council's position with
suppliers may be prejudiced.
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s48(1)(a)
The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists under
section 7.
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C2 External
Legal Services Supplier Recomendation
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Reason for
passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists under
section 7.
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s7(2)(g) -
The withholding of the information is necessary to maintain legal
professional privilege.
s7(2)(h) -
The withholding of the information is necessary to enable the local authority
to carry out, without prejudice or disadvantage, commercial activities.
s7(2)(i) -
The withholding of the information is necessary to enable the local authority
to carry on, without prejudice or disadvantage, negotiations (including
commercial and industrial negotiations).
In
particular, the report contains information regarding commercial
negotiations.
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s48(1)(a)
The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists under
section 7.
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C3 Procurement
of Graffiti Eradication and Enforcement Services Contracts
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Reason for
passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists under
section 7.
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s7(2)(h) -
The withholding of the information is necessary to enable the local authority
to carry out, without prejudice or disadvantage, commercial activities.
In
particular, the report contains information that may prejudice Auckland
Council's position with suppliers.
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s48(1)(a)
The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists under
section 7.
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C4 Downtown
infrastructure development programme
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Reason for
passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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The public conduct
of the part of the meeting would be likely to result in the disclosure of
information for which good reason for withholding exists under section 7.
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s7(2)(h) -
The withholding of the information is necessary to enable the local authority
to carry out, without prejudice or disadvantage, commercial activities.
In
particular, the report contains information that could prejudice Auckland
Council's position with suppliers.
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s48(1)(a)
The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists under
section 7.
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C5 Building
Consents Regional Overflow Delivery Model - recommendation and planned
procurement approach
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Reason for
passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists under
section 7.
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s7(2)(b)(ii)
- The withholding of the information is necessary to protect information
where the making available of the information would be likely unreasonably to
prejudice the commercial position of the person who supplied or who is the
subject of the information.
s7(2)(c)(ii)
- The withholding of the information is necessary to protect information
which is subject to an obligation of confidence or which any person has been
or could be compelled to provide under the authority of any enactment, where
the making available of the information would be likely to damage the public
interest.
s7(2)(h) -
The withholding of the information is necessary to enable the local authority
to carry out, without prejudice or disadvantage, commercial activities.
s7(2)(i) -
The withholding of the information is necessary to enable the local authority
to carry on, without prejudice or disadvantage, negotiations (including
commercial and industrial negotiations).
In
particular, the report contains information and data that may directly affect
negotiations with suppliers.
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s48(1)(a)
The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists under
section 7.
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C6 Update
on Capital Projects over $5million
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Reason for
passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists under
section 7.
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s7(2)(h) -
The withholding of the information is necessary to enable the local authority
to carry out, without prejudice or disadvantage, commercial activities.
In
particular, the report contains information that could prejudice council's
position with suppliers.
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s48(1)(a)
The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists under
section 7.
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